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courier-journal.com
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Opponents raise concerns
about proposed state
immigration measure
By Peter Smith * psmith@courier-journal.com+
January 4, 2011
A coalition of Kentucky religious leaders,
Hispanic activists and others are mobilizing
opposition to a newly filed Kentucky Senate bill
that critics say could take an even harsher line
on illegal immigrants than Arizona legislation
passed last year.
Sen. John Schickel, R-Union, filed Senate Bill 6 on
Tuesday following pledges by Senate President
David Williams in recent weeks to make such a
bill a high priority and to take swift action on it.
The bill would create criminal penalties for being
an "unauthorized alien" on private or public land
in Kentucky and would allow police to arrest
without a warrant those suspected of a crime
that could lead to deportation.
It also would require law enforcement and other
government officials to get federal verification
of anyone's immigration status whenever they
come into lawful contact with someone about
whom there is "reasonable suspicion that a
person is an unauthorized alien."
A 2009 report by the Kentucky Long-Term Policy
Research Center estimated there are 30,000
illegal immigrants in the state.
Supporters of the Kentucky bill say their motive
is the same as that behind the controversial bill
passed last year Arizona and partly delayed by a
federal judge — to enable state action on illegal
immigration given federal inaction.
But opponents say the measure could burden not
only police but possibly teachers, emergency
medical workers and social services providers
with requirements that they verify the
immigration status of people with whom they
come in contact. Such a law, they say, could also
frighten immigrants from seeking needed
medical help or protection from violence.
"We oppose this bill very much," the Rev. Pat
Delahanty, executive director of the Catholic
Conference of Kentucky, said in an interview. He
said the bill "goes well beyond what Arizona
requires."
Delahanty said the bill appears to require
employees of any state or state-chartered city or
county to verify immigration status.
"Will line staff at welfare offices be required to
become ‘immigration agents?" he asked ina
letter sent to lawmakers on behalf of the state’s
four Roman Catholic bishops.
The Kentucky Council of Churches, representing
11 Protestant and Catholic denominations, also
circulated an alert urging opposition to "the
criminalizing approach to migrants."
"It would bog law enforcement officials down in
costly and complicated enforcement initiatives
that would undermine their ability to address the
crimes Kentuckians most expect police to
address," said the statement from the Rev.
Marian McClure Taylor, executive director of the
council. "It takes only one purely regional
approach to a broken immigration system that
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Senate Bill 6 could be heard as early as Thursday
when the Senate Judiciary Committee holds its
first meeting. Judiciary chairman Tom Jensen, R-
London, didn’t provide an agenda when he
announced the meeting but the bill was assigned
to that committee Tuesday.
Williams said many of the Senate’s priority bills
filed Tuesday, including the immigration
measure, could be approved by the full Senate by
Friday and sent to the House.
He said the Senate will consider objections
raised by the religious leaders.
“We'll be glad to hear their testimony,” he said.
Williams said he believes the immigration bill is
necessary because of federal inaction. That
means states must deal with the problems
associated with undocumented workers including
lack of driver’s licenses or insurance, valid
identification, criminal offenses and those
exploited because they lack legal status.
“It's not an attempt to be mean or punitive,” he
said. “I’m sensitive — as are many members of
the General Assembly — to the plight of these
folks.”
In Arizona, a federal judge last year put a
temporary injunction on portions of that state’s
new law requiring immigrants to carry their
papers, banning illegal immigrants from
soliciting employment in public places and
allowing officers to make warrantless arrests of
suspected illegal immigrants for crimes that can
lead to deportation.
Delahanty said he's "not questioning anyone's
motives" for filing the Kentucky bill. He faulted
Congress for failing to pass a "comprehensive"
immigration reform.
Catholic bishops support measures enabling
"earned legalization” along with new policies
http://www.courier-journal.com/fdep/? 1294200205955
feunification, he said.
"Congress hasn't done its job and state
legislators are frustrated," Delahanty said. "They’r
¢ trying to do something. This just isn’t the
olution.”
Taylor said the measure’s “criminalizing
ipproach tears at the social fabric of our
communities, where migrants and immigrants fill
oth our pulpits and our pews, and where we
trive to be neighbors to everyone."
Iso speaking against the measure are leaders
f such groups as La Camara, a coalition of
vispanic and other businesses and
ganizations; the Hispanic/Latino Ministries of
the Mid-Kentucky Presbytery of the Louisville-
based Presbyterian Church (U.S.A.); and the
American Civil Liberties Union of Kentucky.
"It's an unfunded mandate on county jails," said
Kate Miller, program associate with the ACLU.
She said there are "really worrisome" provisions
in the bill that mirror those delayed in the
Arizona case.
Reporter Peter Smith can be reached at (502)
582-4469.
Reporter Deborah Yetter contributed to this
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CleanPrint
—-Requires a “reasonable attempt’ to get federal
verification of a person’s immigration status after “any
lawful contact made by a governmental law
enforcement official or governmental agency where
reasonable suspicion exists that a person is an
unauthorized alien.”
—Makes illegal immigrants guilty of trespassing if they
are present on any public or private land in Kentucky.
The crime would be a misdemeanor but can be a
felony with aggravating factors.
—Requires new legislation to be consistent with
federal immigration law and civil rights protections.
—Forbids government officials and agencies from
limiting or restricting the enforcement of federal
immigration laws. Forbids them from withholding
information to verify a person's immigration status.
—-Makes individuals guilty of felonies for smuggling
persons for profit when there is reason to know those
being transported are illegal immigrants.
—Authorizes law enforcement officials to stop any
person operating a vehicle upon “reasonable suspicion”
that the operator is violating any civil traffic law and
the anti-smuggling-for-profit provision.
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